Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Badaracco v. Commissioner

Holding that "an amended return is a creature of administrative origin and grace"

Cole v. Homier Distributing Co.

Finding that "lost-profit damages cannot rest upon mere speculation" and affirming an expert's exclusion where the expert's twenty-five-year damage term was speculative because the parties could terminate the contract with ninety-days' notice and there was no indication it would continue for twenty-five years

BP America Production Co. ex rel. Amoco Production Co. v. Burton

Holding that lessees must treat gas to pipeline CO2 requirements to serve distant markets into which it is sold

Nat. Parks v. Tennessee

Holding the Tennessee SIP imposed ongoing operational obligations and avoiding the necessity of any statutory analysis of § 7475 itself

New York v. U.S.E.P.A

Finding waiver in petitioner's failure to raise argument in its opening brief

U.S. v. Marine Shale Processors

Concluding affirmative misconduct requires "that at minimum the official must intentionally or recklessly mislead the estoppel claimant"

Sierra Club v. Otter Tail Power Co.

Holding that where Sierra Club "essentially attack[ed] the terms of [defendant's] amended Title V permit rather than [defendant's] compliance with the permit," district court lacked subject matter jurisdiction because the CAA vests judicial review of administrative permitting process exclusively in the courts of appeal

E.I. Dupont de Nemours Co. v. Davis

Holding that train-loading-delay claims that arose while the government was operating a railroad pursuant to a wartime seizure were exempt from the statute of limitations

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 702 - Testimony by Expert Witnesses

Adopting the Daubert standard

Section 1365 - Citizen suits

Granting Administrator right to intervene in citizen suits

Section 2462 - Time for commencing proceedings

Allowing exception to five-year limitations period where Congress has provided otherwise

Section 7475 - Preconstruction requirements

Requiring permits for "the construction and operation" of certain facilities

Section 7411 - Standards of performance for new stationary sources

Granting authority to the EPA to designate the best system and determine achievable degree of emissions reduction

Section 643.055 - Commission may adopt rules for compliance with federal law - suspension, reinstatement - exemption, limitations - regulation of residential wood burning heaters or appliances prohibited without legislative authorization

Section 52.21 - Prevention of significant deterioration of air quality

Providing minimum federal standards upon plan disapproval

Section 10 CSR 10-6.060 - Construction Permits Required

Section 10 CSR 10-6.065 - Operating Permits

Section 74:36:05:02 - Part 70 operating permit required